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Town of North Andover
Annual Town Meeting Warrant
May 11, 2010
COMMONWEALTH OF MASSACHUSETTS ESSEX, SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39
of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the
Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North
Andover who are qualified to vote in Town affairs to meet at the North Andover High School,
430 Osgood Street Tuesday May 11, 2010, at 7:00 PM then and there to act upon the following
articles:
Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports
of any appointed special committees;
Or to take any other action relative thereto.
Board of Selectmen
Article 2. Reports of Receipts and Expenditures. To see if the Town will vote to accept
the reports of receipts and expenditures as presented by the Selectmen in the 2009 Annual Town
Report;
Or to take any other action relative thereto.
Board of Selectmen
Article 3. Authorization of the Town Manager or Superintendent of Schools
Re2ardin2 Contracts in Excess of Three Years. To see if the Town will vote in accordance
with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the
Town Manager or the Superintendent of Schools to solicit and award contracts, except
personnel contracts, for terms exceeding three years, including any renewal, extension or
option, provided in each instance the longer term is determined to be in the best interest of the
Town by vote of at least four (4) members of the Board of Selectmen or the School Committee,
as appropriate;
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Or to take any other action relative thereto.
Board of Selectmen
Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to
authorize the Board of Selectmen and the School Committee to accept grants of easements for
access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board
and Committee deem in the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize
the Board of Selectmen and the School Committee to grant easements for access, water, drainage,
sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in
the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
Article 6. Compensation of Elected Officials. MAJORITY VOTE to fix the salary and
compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the
Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners, per person, per annum $5,000
Chairman of Board of Selectmen, per annum, in addition $500
School Committee, per person, per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
Or to take any other action relative thereto.
Board of Selectmen
Article 7. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate,
transfer from available funds or otherwise provide a sum or sums of money for the purpose of
paying unpaid bills of prior years of the Town listed below;
Or to take any other action relative thereto.
Board of Selectmen
Article 8. Establishment of Revolving Funds. To see if the town will vote to authorize the
following revolving funds for certain Town departments under Massachusetts General Laws,
Chapter 44, Section 53E '/z for the Fiscal Year beginning July 1, 2010;
Or to take any other action relative thereto.
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Board of Selectmen
Article 9. Continuation of Massachusetts General Laws Chapter 59 Section 5K — Senior
Work Program — Funding of $18,000. To see if the Town will vote to continue the provisions
of Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow
persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to
reduce their real estate property tax provided, however, that any rules and regulations
promulgated by the Board of Selectmen to implement this program establish an amount to be
allocated under this program in the amount of$18,000;
Or to take any other action relative thereto.
Council on Aging
Article 10. Petition the General Court — Age Exemption — Christopher M. Dufresne —
Firefi2hter. To see if the Town will vote to Petition the General Court to enact Legislation so
that Christopher M. Dufresne shall be eligible to have his name certified for original appointment
to the position of firefighter for the Town of North Andover, not withstanding his having reached
the age of 32 before taking any civil service examination in connection with that appointment.
Christopher M. Dufresne shall be eligible for appointment to the position of firefighter in the
Town of North Andover if he otherwise qualifies and is selected for employment under Chapter
31 of the General Laws any regulations of the civil service commission and any lawful hiring
practices for the Town of North Andover;
Or to take any other action relative thereto.
Petition of Christopher M. Dufresne and others
Article 11. Amend General Fund Appropriation For Fiscal Year 2010. To see if the Town
will vote to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article
13 of the 2009 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article 12. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. To see if
the Town will vote to amend the vote taken on Article 18 Water Enterprise Fund Appropriation -
Fiscal Year 2010 at the 2009 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
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Article 13. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. To see if
the Town will vote to amend the vote taken on Article 19 Water Enterprise Fund Appropriation -
Fiscal Year 2010 at the 2009 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article 14. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for
Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 20 Stevens
Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2010 at the 2009 Annual Town
Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article 15. Amend Capital Improvement Plan Appropriations from Prior Years. To see
if the Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal
Years as voted by:
A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14,
2007 Annual Town Meeting, Article 21, Line 23, "Waverley Road Relief Sewer Main", an
amount not to exceed $495,000 to fund a new project "Sutton Street Sewer Improvements".
B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual
Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the
"Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town
Meeting, Article 24.
Or to take any other action relative thereto.
Board of Selectmen
Article 16. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. To see if the
Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by
deleting Section 8.9 in its entirety and replacing it with the following which includes a Wireless
Telecommunications Overlay District:
Section 8.9 Wireless Service Facilities
1) Purpose
a) It is the express purpose of this Bylaw to minimize the visual and
environmental impacts as well as any potential deleterious impact on
property value, of wireless service facilities upon properties located within
the Town. The Planning Board shall be the Special Permit Granting
Authority for the issuance of a special permit to allow the placement,
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construction and modification of wireless service facilities within the town.
This bylaw is intended to be used in conjunction with other regulations
adopted by the Town, and other zoning and general bylaws designed to
encourage appropriate land use, environmental protection, preservation of
the rural character and the provision of adequate infrastructure
development in North Andover.
b) The regulation of wireless service facilities is consistent with the purpose
of the North Andover Zoning Bylaw and planning efforts at the local
government level to further the conservation and preservation of
developed, natural and undeveloped areas, wildlife, flora and habitats for
endangered species; protection of the natural resources of North Andover,
enhancement of open space areas and respect for North Andover's rural
character.
C) This Bylaw is intended to be consistent with the Telecommunications Act
of 1996 in that:
1. it does not prohibit or have the effect of prohibiting the provision of
Wireless Services;
2. it is not intended to be used to unreasonably discriminate among
providers of functionally equivalent Wireless Services;
3. it does not regulate Wireless Services on the basis of the
environmental effects of radio frequency emissions beyond
requiring compliance with the Federal Communication
Commission's regulations concerning such emissions.
d) If the application of any of the provisions of this Bylaw results in a
violation of the Federal Telecommunications Act of 1996, then the
Federal Act shall supersede that particular provision of this Bylaw.
In determining whether the Federal Act supersedes a provision of
this Bylaw, such that the Planning Board may disregard that
provision, the Planning Board shall consider whether the applicant
has proved that: (1) there is a substantial gap in coverage, and (2)
there is compliance with Federal Communications Commission
regulations concerning radiofrequency emissions and (3) there is no
alternative available site. The Planning Board may hire, at the
applicant's expense, an independent engineer or other expert to
review and report upon the application and related documents.
2) Definitions for Purposes of this Section 8.9:
a) Above Ground Level (AGL). A measurement of height from the natural
grade of a site to the highest point of the structure.
b) Above Mean Sea Level (AMSL). A uniform point from which height
above sea level (or zero elevation) can be measured.
c) Antenna. The surface from which wireless radio signals are sent and
received by a wireless service facility.
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d) Camouflaged. A wireless service facility that is disguised, hidden, part of
an existing or proposed structure or placed within a preexistent or proposed
structure is considered to be "camouflaged."
e) Carrier. A company that provides wireless services.
f) Co-location. The use of a single mount or monopole wireless service
facility (monopole) by more than one carrier (vertical co-location) and/or
the locating of more than one carrier's wireless service facility in or on a
preexistent building or structure.
g) Cross-polarized (or dual-polarized) antenna. A low mount that has
three panels flush mounted or attached very close to the shaft.
h) Elevation. The measurement of height above mean sea level.
i) Environmental Assessment (EA). An EA is the document required by the
Federal Communications Commission (FCC) and the National
Environmental Policy Act (NEPA) when a wireless service facility is
placed in certain designated areas.
j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the
base of the mount within which are housed batteries and electrical equipment.
k) Functionally Equivalent Services. Cellular, Personal Communication
Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile
Radio and Paging.
1) GPS. Ground Positioning System by satellite location of antennas.
m) Guyed Tower. A lattice tower that is tied to the ground or other surface by
diagonal cables.
n) Lattice Tower. A type of mount made with cross bracing of structural
steel. It may be either self supporting or guyed.
o) Licensed Carrier. A Company authorized by the FCC to construct and
operate a commercial mobile radio service system.
p) Monopole. The type of mount that is self-supporting with a single shaft of
wood steel or concrete or other material and a platform (or racks) for panel
antennas arrayed at the top.
q) Mount. The structure or surface upon or in which antennas are mounted,
including but not limited to the following four types of mounts and each
mount shall be low profile mounted:
(1) Roof Mounted: Mounted on the roof of a building.
(2) Side-mounted: Mounted on the side of a building
(3) Ground-mounted: Mounted on the ground.
(4) Structure-mounted: Mounted in or on a pre-existent building or
structure.
r) Omnidirectional (whip) antenna. A thin rod that beams and receives a
signal in all directions.
S) Panel Antenna. A flat surface antenna usually developed in multiples.
t) Preexisting Structure: A preexisting wireless service facility.
u) Radiofrequency (RF) Engineer. An engineer specializing in electric or
microwave engineering, especially the study of radio frequencies.
v) Radiofrequency Radiation (RFR). The emissions from wireless service
facilities as defined in the FCC Guidelines for Evaluating the 65
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Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or
any other applicable FCC guidelines and regulations.
w) Security Barrier. A locked impenetrable wall, fence or berm that
completely seals an area from unauthorized entry or trespass.
X) Separation. The distances between one array of antennas and another
array.
Y) Stealth Antenna. An antenna, dish or other facility--not including ground
based support facility which is fully concealed inside a building such
that no part of the stealth antenna is visible from street level. This
definition shall only apply to antennae, monopoles and antenna-like
devices and not to any equipment necessary for the operation of the
antennae-like devices, which equipment may be located outside the pre-
existing structure.
Z) Utility. A system of wires or conductors and supporting structures that
functions in the transmission of electrical energy or communication
services (both audio and video) between generating stations, sub-stations,
and transmission lines or other utility services.
aa) Wireless Service Facility. Facilities used for the principle purpose of
commercial or public wireless communications uses, such as cellular
telephone services, enhanced specialized mobile radio services, microwave
communications, wireless communications services, paging services and
the like, as defined in Section 704 of the Federal Telecommunications Act
of 1996, as amended. Such facilities shall include towers, monopoles,
antennae, antennae support structures, panels, dishes and accessory
structures.
bb) Wireless Services. The three types of services regulated by this Bylaw:
commercial mobile radio services, unlicensed wireless services, and
common carrier wireless exchange access services as defined in the
Telecommunications Act of 1996, as amended.
3) General Regulations
a) Use Regulations: A wireless service facility shall require a building permit
in all cases and may be permitted as follows:
i) The carrier must demonstrate that the facility is necessary in order
to provide adequate service to the public.
ii) A wireless service facility may locate on any existing guyed tower,
lattice tower, monopole or electric utility transmission tower for
which a special permit issued under this Section 8.9 is in effect,
provided that the new facility shall obtain a special permit from the
Planning Board and, provided further that any new facility shall not
exceed the terms and conditions of the special permit in effect for
the existing facility on which it is to be located.
iii) No wireless service facility shall be located in the Town except
upon issuance of a special permit. Small scale wireless facilities
which satisfy the conditions in order for the Federal
Communications Commission's Over-the-Air Reception Devices
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("OTARD") rules to apply and which are consistent with the
OTARD rules are exempt from this bylaw.
iv) As required by the federal Telecommunications Act of 1996, there
may be no regulation of a wireless service facility on the basis of
the environmental effects of radio frequency emissions, other than
as required by the Federal Communications Commission.
v) The installation, construction, or other placement of new lattice
towers or guyed towers (as distinguished from those existing at the
time of the inception of this Bylaw) shall not be permitted.
b) Location:
i) The Wireless Telecommunications Overlay District(WTOD) is
intended to protect the resources of the Town, while allowing
adequate Wireless Telecommunications to be developed. The
WTOD is an overlay district mapped over other districts. It
modifies and where there is inconsistency, supersedes the
regulations of such other districts. Except as so modified or
superseded, the regulations of the underlying districts remain in
effect. Any use of lands within the WTOD for purposes of
placement, construction, modification or removal of Wireless
Service Facilities shall be subject to the requirements of Section 8.9
of this Bylaw. The District includes the properties listed below.
These properties are included by reason of their potential to provide
technically feasible and accessible locations for the siting of
facilities which can provide adequate wireless telecommunications
services to the Town. Properties not currently in the WTOD can
only be added to the WTOD by vote of Town Meeting.
ii) Upon issuance of a Special Permit by the Planning Board, a
Wireless Service Facility may only be installed in the following
districts and properties except as also provided in subsection (iv):
1. All parcels within the following zoning districts as of March
1, 2010: Business 2 and 3; Corridor Development Districts
1, 2 and 3; Industrial 1 and 2.
2. The following parcels on the Town Assessor's Map as of
March 1, 2010:
Map 108A, Parcel 3 (Commonwealth of Massachusetts)
Map 90B, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 17 (Commonwealth of Massachusetts)
Map 106C, Parcel 16 (Commonwealth of Massachusetts)
Map 106C, Parcel 7 (Commonwealth of Massachusetts)
Map 106C, Parcel 43 (Commonwealth of Massachusetts)
Map 106D, Parcel 5 (Commonwealth of Massachusetts)
Map 106B, Parcel 215 (Commonwealth of Massachusetts)
Map 106B, Parcel 214 (Commonwealth of Massachusetts)
Map 106C, Parcel 30 (Commonwealth of Massachusetts)
Map 106C, Parcel 32 (Commonwealth of Massachusetts)
Map 106D, Parcel 4 (Commonwealth of Massachusetts)
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Map 106D, Parcel 14 (Commonwealth of Massachusetts)
Map 106D, Parcel 13 (Commonwealth of Massachusetts)
Map 106C, Parcel 3 (Commonwealth of Massachusetts)
Map 106C, Parcel 8 (Commonwealth of Massachusetts)
Map 106C, Parcel 9(Commonwealth of Massachusetts)
Map 106D, Parcel 10 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 106B, Parcel 24 (Commonwealth of Massachusetts)
Map 104A, Parcel 21(Commonwealth of Massachusetts)
Map 108C, Parcel 43 (Commonwealth of Massachusetts)
Map 109, Parcel 33 (Commonwealth of Massachusetts)
Map 106C, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 12(Commonwealth of Massachusetts)
Map 108C, Parcel 40 (Commonwealth of Massachusetts)
Map 108C, Parcel 45(Commonwealth of Massachusetts)
Map 108C, Parcel 41 (Commonwealth of Massachusetts)
Map 107B, Parcel 26 (Commonwealth of Massachusetts)
Map 107B, Parcel 24 (Commonwealth of Massachusetts)
Map 106D, Parcel 16(Commonwealth of Massachusetts)
Map 106B, Parcel 216 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 34, Parcel 21 (Commonwealth of Massachusetts)
Map 108C, Parcel 42 (Commonwealth of Massachusetts)
Map 104D, Parcel 47 (Manzi)
Map 104D, Parcel 14 (Manzi)
Map 25, Parcel 13 (Merrimack College)
Map 105C, Parcel 12 (New England Power)
Map 105C, Parcel 39 (New England Power)
Map 104B, Parcel 28(New England Power)
Map 64, Parcel 20 (Town of North Andover- Town Forest)
Map 35, Parcel 23 (Stevens Estate)
Map 38, Parcel 29 (0 Johnson Street)
Map 107C, Parcel 11 (0 Turnpike Street)
Map 42, Parcel 02 (70 Elm Street)
Map 24, Parcel 33 (401 Andover Street)
Map 98C, Parcel 02 (0 Chestnut Street)
Map 45B, Parcel 18 (586 Massachusetts Avenue)
Map 24, Parcel 28 (451 Andover Street)
iii) Subject to the exemption in subsection 8.9.12 for municipal
emergency wireless facilities, prior Town Meeting
authorization is required before the Board of Selectmen or
School Committee enters into an agreement or lease for a
wireless service facility on Town property
iv) A Wireless Service Facility may be located on a parcel
which is not within the WTOD, without need for a variance,
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if the applicant proves to the Planning Board that(1) there is
a substantial gap in coverage, and (2)there is compliance
with Federal Communications Commission regulations
concerning radiofrequency emissions and (3)there is no
alternative available site. The Planning Board may hire, at
the applicant's expense, an independent engineer or other
expert to review and report upon the application and related
documents.
C) Dimensional Requirements: Wireless service facilities shall comply with
the following requirements:
i) Height, The maximum allowed height of a wireless service
facility shall not exceed 100 feet unless the applicant
demonstrates that a greater height is required to allow for
provision of the wireless communications services and the
Planning Board finds that a height over 100 feet is desirable
based on a balanced review of aesthetics, safety and wireless
coverage for the area. Wireless service facilities may locate
on a building that is legally nonconforming with respect to
height, provided that the facilities do not project above the
existing building height.
i_i) Height, Stealth Antennae. Any stealth antenna that is not
visible from street level is exempt from the general height
requirement in 3 (c) (i) above and must conform to the
setback requirement in 3 (c) (v) .
iii) Height, Side-and Roof-Mounted Facilities Side-and roof-
mounted wireless service facilities shall not project more
than ten (10) feet above the height of an existing building or
structure nor project more than ten (10) feet above the
height limit of the zoning district within which the facility is
located. Wireless service facilities may locate on a building
that is legally nonconforming with the respect to height,
provided that the facilities do not project above the existing
building height.
iv) Height, Preexisting Structures (Utility)New antennas
located on any of the following structures existing on the
effective date of this bylaw shall be exempt from the height
restrictions of this bylaw provided that there is no increase
in height of the existing structure as a result of the
installation of a wireless service facility: guyed towers,
lattice towers, fire towers and monopoles.
V) Setbacks
(1) In any zoning district, including the WTOD, a
minimum setback of 600 feet from the nearest
residential building shall be required for all wireless
devices, antenna and their mounting structures, not
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currently installed at the time of the adoption of this
bylaw. In any zoning district, including the WTOD,
if the applicant can prove that (1)there is a
substantial gap in coverage, and (2)there is
compliance with Federal Communications
Commission regulations concerning radiofrequency
emissions and (3)there is no alternative
available site with a 600 foot setback, then the
setback provision shall be reduced to 400 feet. In any
zoning district, including the WTOD, if the applicant
can prove that(1)there is a substantial gap in
coverage, and (2)there is compliance with Federal
Communications Commission regulations
concerning radiofrequency emissions and (3) there is
no alternative available site with a 400 foot setback,
then the setback provision shall be reduced to 200
feet. Notwithstanding the foregoing, in order to
ensure public safety, the minimum distance from the
base of any ground-mounted wireless service facility
(except a stealth antenna) to any property line, shall
be 2x the height of the facility, including any
antennas or other appurtenances. This set back is
considered the "fall zone".
In the event that a preexisting structure is proposed
as a mount for a wireless service facility, the setback
provisions of the zoning district shall apply. In the
case of the preexisting non-conforming structures,
wireless service facilities and their equipment
shelters shall not increase any non-conformity
4) Design Standards
a) Visibility/Camouflage Wireless service facilities shall be camouflaged as
follows
i) Camouflage by Existing Buildings or Structures
(1) When a wireless service facility extends above the roof
height of a building on which it is mounted, every effort
shall be made to conceal the facility within or behind
preexisting architectural features to limit its visibility from
public ways. Facilities mounted on a roof shall be stepped
back from the front facade in order to limit their impact on
the building's silhouette.
(2) Wireless service facilities which are side-mounted shall
blend with the preexisting building's architecture and, if over
5 square feet, shall be shielded with material which is
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consistent with the design features and materials of the
building.
ii) Camouflage by Vegetation. If wireless service facilities are not
camouflaged from public viewing areas by existing buildings or
structures, they shall be surrounded by buffers of dense tree growth
and vegetation in all directions to create an effective year-round
visual buffer. Ground-mounted wireless service facilities in excess
of 50 feet shall provide year-round vertical evergreen vegetated
buffer of 50 feet, or 75% of the overall height of the structure
whichever is greater, in all directions. Trees and vegetation may be
existing on the subject property or installed as part of the proposed
facility or a combination of both. Vegetation should be natural in
appearance and consistent with surroundings.
iii) Color
(1) Wireless service facilities, which are side-mounted on
buildings, shall be painted or constructed of materials to
match the color of the building material directly behind
them.
(2) To the extent that any wireless service facilities extend
above the height of the vegetation immediately surrounding
it, they must be painted in a light gray or light blue hue
which blends with sky and clouds
iv) Equipment Shelters_Equipment shelters for wireless service
facilities shall be designed consistent with one of the following
design standards:
(1) Equipment shelters must be located in underground vaults;
or
(2) designed consistent with traditional materials, color and
design of the area, or
(3) camouflaged behind an effective year-round landscape
buffer, equal to the height of the proposed building, and/or
wooden fence acceptable to the permitting authority
b) Lighting and signage
i) Wireless service facilities shall be lit only if required by the Federal
Aviation Administration (FAA). Lighting of equipment structures
and any other facilities on site shall be shielded from abutting
properties. There shall be total cutoff of all light at the property
lines of the parcel to be developed, and foot-candle measurements
at the property line shall be 0.0 initial foot-candles when measured
at grade.
ii) Signs shall be limited to those needed to identify the property and
the owner and warn of any danger. No tower or other facility shall
contain any signs or other devices for the purpose of advertisement.
All signs shall comply with the requirements of Signs and Outdoor
Lighting Regulations of this bylaw.
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iii) All ground mounted wireless, service facilities shall be surrounded
by a security barrier and shall be protected against unauthorized
climbing or other access by the public.
C) Historic Buildings
i) Any wireless service facilities located on or within a historic
structure shall not alter the character-defining features, distinctive
construction methods, or original historic materials of the building.
ii) Any alteration made to a historic structure to accommodate a
wireless service facility shall be fully reversible.
iii) Wireless service facilities within an historic district shall be
concealed within or behind existing architectural features, or shall
be located so that they are not visible from public roads and
viewing areas within the district.
iv) The Historic District Commission must review all applications for
wireless service facilities to be located within a local historic
district.
d) Environmental Standards
i) Applicants must comply with all Conservation Commission
regulations and procedures.
ii) Applicant must comply with all federal, state and local regulations
governing hazardous materials.
iii) Storm water run-off as a result of the wireless facility shall be
contained on-site and comply with the DEP Storm Water
Management regulations as applicable.
iv) Ground-mounted equipment for wireless service facilities shall not
generate acoustic noise in excess of 50 dB at the security barrier.
v) Roof-mounted or side-mounted equipment for wireless service
facilities shall not generate noise in excess of 50 dB at ground level
at the base of the building closest to the antenna.
e) Safety Standards
i) Radiofrequency Radiation (RFR) Standards. All equipment
proposed for a wireless service facility shall be authorized per the
FCC Guidelines for Evaluating the Environmental Effects of
Radiofrequency Radiation (FCC Guidelines) or any other applicable
FCC guidelines and regulations.
ii) Structural Integrity. As part of the application for special permit for
a monopole or stealth antenna the applicant shall provide
certification by a structural engineer that the wireless service
facility is structurally sound for the proposed facility.
5) Application Procedures
a) Special Permit Granting Authority (SPGA). The Special Permit
Granting Authority (SPGA) for wireless service facilities shall be the
Planning Board.
b) Pre-Application Conference. Prior to the submission of an application for
a Special Permit under this regulation, the applicant is strongly encouraged
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to meet with either the SPGA at a public meeting or with the town planner,
to discuss the proposed wireless service facility in general terms and to
clarify the filing requirements.
C) Pre-Application Conference Filing Requirements. The purpose of the
conference is to inform the SPGA as to the preliminary nature of the
proposed wireless service facility. As such, no formal filings are required
for the pre-application conference. However, the applicant is encouraged to
prepare sufficient preliminary architectural and/'or engineering drawings to
inform the SPGA of the location of the proposed facility, as well as its
scale and overall design.
d) Application Filing Requirements. The following shall be included with
an application for a Special Permit for all wireless service facilities:
i) General Filing Requirements
(1) Name, address and telephone number of applicant and any
co-applicants as well as any agents for the applicant or co-
applicants. A 24-hour emergency telephone contact number
shall be included for use during construction as well as
operation of the wireless communication facility.
(2) Co-applicants may include the landowner of the subject
property, licensed carriers and tenants for the wireless
service facility
(3) Every application for a wireless service facility Special
Permit shall include at least one licensed carrier and the
owner of the land as an applicant or a co-applicant.
(4) Original signatures are required for the applicant and all co-
applicants applying for the Special Permit. If an agent
represents the applicant or co-applicant, an original
signature authorizing the agent to represent the applicant
and/or co-applicant is required. Photo reproductions of
signatures will not be accepted. All other filing requirements
in the Zoning Bylaw and the Rules and Regulations as
applicable must be complied with.
(5) The applicant shall submit documentation of the legal right
to install and use the proposed facility at the time of
application for a Special Permit under this bylaw and also at
the time of application for a building permit.
ii) Location Filing Requirements:
(1) Identify the subject property by including the name of the
nearest road or roads, street address, and Assessors Map and
Parcel number of subject property
(2) Identify the Zoning District designation for the subject
parcel. Submit a copy of Town zoning map with parcel
identified.
(3) A locus map at a scale of 1" = 1500' showing the subject
property.
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(4) A map showing the other preexisting and approved wireless
service facilities in North Andover and outside North
Andover within one mile of its boundary.
(5) GPS all equivalent systems locating by latitude and
longitude wireless service facilities.
(6) A report by a qualified Radio Frequency Engineer relating
to (1) a claimed substantial gap in coverage and (2)the
proposed facility's compliance with applicable Federal
Communications Commission, Massachusetts Aeronautics
Commission and Federal Aviation Commission
requirements, and (3) coverage maps that include all of the
applicant's existing and planned towers, antennas, micro-
cells, and repeaters in the coverage area and abutting
municipalities.
(7) Evidence that there is no alternative site that is available and
technically feasible in North Andover or an abutting
municipality. Such evidence shall include an analysis by a
qualified Radio Frequency Engineer of the gaps in coverage
if other sites were to be used. If there is an alternative site
which would provide a location to close the purported
substantial gap in coverage, then the applicant must
document all efforts, and results thereof, to evaluate, and
obtain rights to use, the alternative site.
(8) Evidence that the applicant has analyzed, as an alternative,
the feasibility of using a"repeater" to provide coverage to
the intended service area.
(9) A description of the capacity of the Facility, including, in
the case of a monopole, the number and types of antennas
that it can accommodate and the basis for calculation of
capacity. Description of the proposed equipment should
include data as to noise, certified by an acoustical engineer,
and the beam widths at ground level for the energy outputs
from each Antenna sector and degree of down-tilt of each
Antenna.
(10) A listing of the state and/or federal permits, licenses or
approvals acquired or needing to be acquired for the
proposed installation.
(11) A description of the terms of any co-location agreements
between the Applicant and any Personal Wireless Service
provider.
(12) A copy of the most recently recorded plan and deed for the
property on which the Facility will be placed and specific
documentation which shows that the applicant has the legal
authority by way of ownership, purchase and sale
agreement, lease or otherwise, to use the subject property for
the intended purpose.
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iii) Siting Filing Requirements: A one-inch-equals-40 feet plan
prepared by a Registered Professional Engineer or Registered Land
Surveyor in the Commonwealth of Massachusetts showing the
following:
(1) Property lines for the subject property and property lines of
all properties within 600 feet of the proposed location.
(2) Tree cover on the subject property and all properties directly
abutting the subject p roperty, by dominant species and
average height.
(3) Outline of all existing buildings, including purpose (e.g.
residential buildings, garages, accessory structures, etc.) on
subject property and all properties adjacent to the subject
property.
(4) Location of all roads, public and private, on the subject
property and on all adjacent properties within 600 feet
including driveways proposed to serve the wireless service
facility.
(5) Proposed location of antenna, mount and equipment
shelter(s).
(6) Proposed security barrier, indicating type and extent as well
as point of controlled entry.
(7) Distances, at grade, from the proposed wireless service
facility to each building on the vicinity plan.
(8) Contours at each 2 feet AMSL for the subject property and
adjacent properties within 600 feet.
(9) All proposed changes to the preexisting property, including
grading, vegetation removal and temporary or permanent
roads and driveways.
(10) Representations, dimensioned and to scale, of the proposed
mount, antennas, equipment shelters, cable runs, parking
areas and any other construction or development attendant
to the wireless service facility.
(11) Lines representing the sight line showing viewpoint(point
from which view is taken) and visible point (point being
viewed) from 'Sight Lines" subsection below.
(12) Location of all wetlands on the subject property and within
100' of the proposed facility as approved by the
Conservation Commission, only if a filing with the
Conservation Commission is required.
(13) Antennas and related equipment shall be camouflaged, that
is, disguised, shielded, hidden or made to appear as an
architectural component of the structure, provided however,
antennas installed on utility poles, signs or flag poles as part
of a DAS shall not be required to be camouflaged.
iv) Sight lines and photographs:
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(1) Sight line representation. A sight line representation shall be
drawn from any public road within 300 feet and the closest
facade of each residential building (viewpoint) within 300
feet to the highest point (visible point) of the wireless
service facility. Each sight line shall be depicted in profile,
drawn at one-inch equals 40 feet scale. The profiles shall
show all intervening trees and buildings.
(2) Preexisting (before condition) photographs. Each sight line
shall be illustrated by one four-inch by six-inch color
photograph of what can currently be seen from any public
road and any residential building within 600 feet.
(3) Proposed (after condition) photographs. Each of the
preexisting condition photographs shall have the proposed
wireless service facility superimposed on it to show what
will be seen from public roads and residential buildings if
the proposed wireless service facility is built.
(4) Siting elevations or views at-grade from the north, south,
east and west for a 50-foot radius around the proposed
wireless service facility plus from all preexisting public and
private roads that serve the subject property. Elevations shall
be at either one-quarter inch equals one foot or one-eight
inch equals one foot scale and show the following:
(a) Antennas, mounts and equipment shelter(s), with
total elevation dimensions and average ground level
(AGL) of the highest point. All future proposed
antennas, mounts and equipment shelters if any must
be shown in order to be included in the Special
Permit.
(b) Security barrier. If the security barrier will block
views of the wireless service facility, the barrier
drawing shall be cut away to show the view behind
the barrier.
(c) Any and all structures on the subject property.
(d) Preexisting trees and shrubs at current height and
proposed trees and shrubs at proposed height at time
of installation, with approximate elevations
dimensioned.
(e) Grade changes, or cuts and fills, to be shown as
original grade and new grade line, with two-foot
contours ANISL.
V) Design Filing Requirements for Co-Location:
(1) Equipment brochures for the proposed wireless service
facility such as manufacturer's specifications or trade journal
reprints shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security
barrier, if any.
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(2) Materials of the proposed wireless service facility specified
by generic type and specific treatment (e.g. anodized
aluminum stained wood, painted fiberglass, alloys, etc.).
These shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if
any.
(3) Colors of the proposed wireless service facility represented
by a color board showing actual colors proposed. Colors
shall be provided for the antenna mounts, equipment
shelters, cables as well as cable runs, and security barrier, if
any.
(4) Dimensions of the wireless service facility specified for all
three directions: height, width and breadth. These shall be
provided for the antennas, mounts, equipment shelters and
security barrier, if any.
(5) Appearance shown by at least two photographic
superimpositions of the wireless service facility within the
subject property. The photographic superimpositions shall
be provided for the antennas, mounts, equipment shelters,
cables as well as cable runs, and security barrier, if any, for
the total height, width and breadth.
Vi) Design Filing Requirements for Monopole Facilities:
(1) Equipment brochures for the proposed wireless service
facility such as manufacturer's specifications or trade journal
reprints shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security
barrier, if any.
(2) Materials of the proposed wireless service facility specified
by generic type and specific treatment (e.g. anodized
aluminum stained wood, painted fiberglass, alloys, etc.).
These shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if
any.
(3) Colors of the proposed wireless service facility represented
by a color board showing actual colors proposed. Colors
shall be provided for the antenna mounts, equipment
shelters, cables as well as cable runs, and security barrier, if
any.
(4) Dimensions of the wireless service facility specified for all
three directions: height, width and breadth. These shall be
provided for the antennas, mounts, equipment shelters and
security barrier, if any.
(5) Appearance shown by at least two photographic
superimpositions of the wireless service facility within the
subject property. The photographic superimpositions shall
be provided for the antennas, mounts, equipment shelters,
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cables as well as cable runs, and security barrier, if any, for
the total height, width and breadth.
(6) Landscape plan including preexistent trees and shrubs and
those proposed to be added, identified by size of specimen at
installation and species.
(7) During the public hearing process the applicant shall
schedule with the Planning Board a balloon or crane test at
the proposed site, at the expense of the applicant, to
illustrate the height of the proposed facility. Upon notice
that such a test will be required, the Applicant is responsible
for making arrangements with the Board's staff so that
notice of the test may be included in a newspaper of local
circulation, which notice shall be paid by the applicant.
Photographs of the actual test from a suitable number of
locations so as to depict the visual impact of the proposed
facility on the Town shall be submitted to the Board at the
public hearing.
(8) If lighting on the site is required by the FAA, the applicant
shall submit a manufacturer's computer generated point-to-
point printout, indicating the horizontal foot-candle levels at
grade, within the property to be developed and twenty-five
(25) feet beyond property lines. The printout shall indicate
the locations and types of luminaries proposed.
(9) No commercial signage or advertising may be affixed to any
monopole or other wireless service facility.
(10) The applicant shall provide design details for the foundation
of a proposed monopole, the connection of the proposed
monopole to the foundation and the break away points of the
proposed monopole.
(11) The Town may retain a technical expert or experts to
review, and report upon, the application. The cost for such
technical experts will be paid at the expense of the applicant.
vii) Structural Integrity Filing Requirements
(1) At the time of application for a special permit for a
monopole or stealth antenna the applicant shall provide
certification by a structural engineer that the wireless service
facility is structurally sound for the proposed facility.
(2) Monopoles must at all times be maintained in good and safe
condition. The Personal Wireless Service provider shall
arrange for a professional structural engineer licensed in
Massachusetts to inspect and review a monopole and all
accessory buildings upon completion of construction to
certify these structures are in sound condition. A report of
the engineer's findings shall be filed with the Town
Building Commissioner at the completion of construction of
the monopole. The SPGA may require such an engineer's
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report to be filed after the fifth year of operation of the
monopole facility and every five years thereafter. Failure to
provide such a report may result in enforcement action by
the Building Commissioner in accordance with Section 10.1
of this Zoning Bylaw. All costs for the inspection shall be
borne by the carrier. Should the engineer or the Town
Building Commissioner deem the monopole not to be sound,
the owner of the monopole shall submit to the Town, within
ten (10)business days, a plan to remedy the structural
defect(s). Upon approval of the plan by the Building
Commissioner, the remediation plan shall be completed as
soon as is reasonably possible.
viii) Noise Filing Requirements
(1) The applicant shall provide a statement listing the
preexisting and maximum future projected measurements of
noise from the proposed wireless service facilities, measured
in decibels Ldn (common logarithmic scale, accounting for
greater sensitivity at night), for the following:
(a) Preexisting or ambient: the measures of
preexisting noise
(b) Preexisting plus proposed wireless service facilities:
maximum estimate of noise from the proposed
wireless service facility plus the preexistent noise
environment.
(c) Such statement shall be certified and signed by an
acoustical engineer, stating that noise measurements
are accurate and meet Department of Environmental
Protection requirements and Section 8.9(4)(d).
ix) Radiofrequency Radiation (RFR) Filing Requirements
(1) All telecommunications facilities shall be operated only at
Federal Communications Commission (FCC) designated
frequencies, power levels and standards, including FCC
Radio Frequency Emissions standards. The applicant shall
provide certification demonstrating that the maximum
allowable frequencies and power levels will not be
exceeded. Certifications shall include technical
specifications, a written explanation of those specifications,
and, if necessary, field verification.
(2) In order to determine compliance with applicable FCC
regulations, the applicant shall provide a statement listing
the preexistent and future projected measurements of RFR
from the proposed wireless service facility, including all co-
locators, for the following situations:
(a) Preexisting or ambient: the measurement of
preexistent RFR.
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(b) Preexisting plus proposed wireless service facilities:
estimate of RFR from the proposed wireless service
facility plus the preexisting RFR environment.
(c) Certification, signed by a engineer, stating that RFR
measurements are accurate and meet FCC
Regulations and Guidelines and the Radiofrequency
Radiation Standards subsection of this Bylaw.
X) Federal Environmental Filing Requirements
(1) At the time of application filing, an Environmental
Assessment (EA)that meets FCC requirements shall be
submitted to the Town for each wireless service facility site
that requires such an EA to be submitted to the FCC
(2) The applicant shall list location, type and amount (including
radiation trace elements) of any materials proposed for use
within the wireless service facility that are considered
hazardous by the federal, state or local government.
Xi) Waiver. The SPGA may waive one or more of the application
filing requirements of this section if it finds that such information is not needed for a thorough
review of a proposed wireless service facility.
6) Co-location
a) If feasible, wireless service facilities shall be located on preexisting
structures provided that such installation preserves the character and
integrity of those structures. The applicant shall have the burden of
proving that there are no feasible preexisting structures upon which
to locate. If the applicant demonstrates to the satisfaction of the
Planning Board that it is not feasible to locate on a preexisting
structure, wireless service facilities shall be camouflaged to the
greatest extent possible, including but not limited to: use of
compatible building materials and colors, screening, landscaping,
with natural and/or artificial plantings, and placement within trees.
b) Licensed carriers shall share wireless service facilities and sites
where feasible and appropriate, thereby reducing the number of
wireless service facilities that are standalone facilities. Applicants
are encouraged to locate within a preexisting structure having
wireless facilities when feasible and when such a co-location does
not interfere with structural integrity and does not result in a major
change to the appearance of the structure. Applicants for a Special
Permit for a wireless service facility shall demonstrate a good faith
effort to co-locate with other carriers. Such good faith effort
includes:
i) A survey of all preexisting structures that may be feasible
sites for co-locating wireless service facilities;
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ii) Contact, with all other licensed carriers for commercial
mobile radio services operating in the Commonwealth of
Massachusetts; and
iii) Sharing information necessary to determine if co-location is
feasible under the design configuration most
accommodating to co-location.
C) The Planning Board may retain a technical expert in the field of RF
engineering and/or a structural engineer to verify if co-location at
the site is not feasible or is feasible given the design configuration
most accommodating to co-location. The cost for such a technical
expert will be at the expense of the applicant. The Planning Board
may deny a Special Permit to an applicant who has not
demonstrated a good faith effort to provide for co-location,
d) If the applicant does intend to co-locate or to permit co-location, the
Planning Board shall request drawings and studies that show the
final appearance and operation of the drawing service facility at full
build-out.
e) If the Planning Board approves a co-location for a wireless service
facility site, the Wireless Facilities Special Permit shall indicate
how many facilities and of what type shall be permitted on that site.
Facilities specified in the original Special Permit approval shall not
require another Wireless Facility Special Permit, however, the
addition of any facilities not specified in the original approved
Special Permit shall require a new Special Permit. This allows a
carrier to "pre-permit" a site for additional facilities so that the
original carrier will not have to apply for an additional Special
Permit.
f) In order to determine compliance with all applicable FCC
Regulations, estimates of RFR emissions will be required for all
facilities, including proposed and future facilities both for the
applicant and all co-locators.
7) Modifications
A modification of a wireless service facility may be considered equivalent
to an application for a new wireless service facility (but the Planning Board
may waive certain filing requirements when the Board deems it appropriate
to do so) and will require a Special Permit when the following events
apply:
i) The applicant and/or co-applicant want to add any equipment or
additional height not specified in the original design filing.
ii) The applicant and/or co-applicant want to alter the terms of the
Special Permit by changing the wireless service facility in one or
more of the following ways:
(1) Change in the number of facilities permitted on the site;
(2) Change in technology used for the wireless service facility.
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8) Monitoring and Maintenance
a) After the facility is in operation, the applicant shall submit to the
Community Development Office within 90 days of beginning
operations, preexisting and current RFR measurements. Such
measurements shall be signed and certified by an RF engineer,
stating that RFR measurements are accurate and are in compliance,
or why the measurements fail to comply with all applicable FCC
Guidelines and Regulations. The measurements shall be submitted
for both the applicant and all co-locators.
b) After the wireless service facility is in operation the applicant shall
submit to the Community Development Office, within 90 days of
the beginning of operation, preexisting and current measurements of
acoustic noise from the wireless service facility. Such
measurements shall be certified and signed by an acoustical
engineer, stating that noise measurements are accurate and meet the
Noise Standards sub-section8.9.4.d of this Bylaw.
C) The applicant and co-applicant or their successor in interest shall
maintain the wireless service facility in good condition. Such
maintenance shall include, but shall not be limited to, painting,
structural integrity of the mount and security barrier and
maintenance of the buffer and landscaping.
9) Abandonment or Discontinuation of Use
a) At such time that a licensed carrier plans to abandon or discontinue
operation of a wireless service facility, such carrier will notify the
Community Development Office by certified US mail of the
proposed date of abandonment or discontinuation of operations.
Such notice shall be given no less than 30 days prior to
abandonment or discontinuation of operations. In the event that a
licensed carrier fails to give such notice, the wireless service facility
shall be considered abandoned upon discontinuation of operations.
b) Upon abandonment or discontinuation of use, the carrier shall
physically remove the wireless service facility within 90 days from
the date of abandonment or discontinuation of use. "Physically
remove" shall include, but not be limited to:
i) Removal of antennas, mount, equipment shelters and
security barriers from the subject property.
ii) Proper disposal of the waste materials from the site in
accordance with local and state solid waste disposal
regulations.
iii) Restoring the location of the wireless service facility to its
natural condition, except that any landscaping and grading
shall remain the after-condition.
C) As a condition of any special permit for the placement, construction
or modification of a wireless service facility, the SPGA may require
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a carrier to place into escrow a sum of money to cover the costs of
removing the facility from the subject property. Said amount shall
be certified by an engineer, architect or other qualified professional
registered to practice in the Commonwealth of Massachusetts. Said
funds shall be held by an independent escrow agent to be appointed
by the carrier and the SPGA. The carrier shall authorize and, as
necessary, shall obtain the authorization of the owner of the
property to allow the escrow agent to enter upon the subject
property to remove the facility when the facility has been
abandoned or discontinued. In the event the posted amount does not
cover the cost of demolition and/or removal the Town may place a
lien upon the property covering the difference in cost.
d) A facility shall be deemed to be abandoned or
discontinued if it has not been used for the purpose
for which it was originally constructed for a period
of six (6) months or more. Once abandonment or
discontinuance has occurred, the carrier shall remove
the facility from the subject property within ninety
days. In the event that the carrier fails to remove the
facility, the town shall give notice to the carrier and
the independent escrow agent that the facility shall
be, removed by the escrow agent forthwith and the
escrow agent, after affording written notice seven
days in advance to the carrier, shall remove the
facility.
10) Reconstruction or Replacement of Existing Towers and
Monopoles
Guyed towers, lattice towers, utility towers and monopoles in
existence at the time of adoption of Section 8.9 of this Bylaw may
be reconstructed, altered, extended or replaced on the same site by
Special Permit, provided that the Planning Board finds that such
reconstruction, alteration, extension or replacement will not be
substantially more detrimental to the neighborhood and/or the Town
than the preexistent non-conforming structure. In making such a
determination, the Planning Board shall consider whether the
proposed reconstruction, alteration, extension or replacement will
create public benefits such as opportunities for co-location,
improvements in public safety, and/or reduction in visual and
environmental impacts.
11) Performance Guarantees
a) The Planning Board may require insurance in a reasonable
amount determined and approved by the Planning Board
after consultation at the expense of the applicant with one
(1) or more insurance companies, to be in force to cover
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damage from the structure, or damage from transmissions
and other site liabilities and may require annual proof of
said insurance to be filed with the Planning Board.
b) Annual certification, if required by the standards of the
Federal Communications Commission, or Federal Aviation
Administration or the American National Standards
Institute, shall also be filed with the Community
Development Office by the Special Permit holder.
12) Exempt Facilities: Municipal Emergency Wireless Service
Facility
Wireless service facilities necessary to provide and ensure
adequate town-wide coverage for public safety
communications to include Police, Fire, Ambulance,
Emergency Medical Services, and Emergency Management
shall be exempt from the provisions of this bylaw.
Commercial or private wireless service facilities, unless they
are under contract with the Town of North Andover to
provide public safety communication, shall not co-locate on
or utilize a municipal emergency wireless service facility
and shall not be exempt under this section. Further, if said
municipal emergency wireless service facility is to be
located on private property, the Town must obtain the
permission of the landowner.
13) Public discussion of litigation settlement
At least ten (10) days prior to each public hearing of the
Planning Board where a public discussion is to occur
regarding any proposed settlement of litigation commenced
by an applicant under this section, the Planning Board shall
send notice at the applicant's expense of such public
discussion by certified mail to all abutters within 300 feet of
the proposed Facility.
Or to take any other action relative thereto
Town Counsel
Article 17. Amend Zoning Bylaw — Section 3.1, Establishment of Districts. To see if the
Town will vote to add to the Zoning Bylaw, Section 3.1, Establishment of Districts, the following:
"Wireless Telecommunications Overlay District"
Or to take any other action relative thereto.
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Town Counsel
Article 18 . Amend Section 16.2 of the Town of North Andover Zoning Bylaws. To see if
the Town will vote to amend the Zoning Bylaws by inserting the following language:
"Drive —thru restaurants shall be permitted within the CDD 1 zone provided they are located more
than 250 feet from the R6 zoned district."
The purpose of this article is to promote the Town's stated public policy goal of increasing North
Andover's commercial tax base along Route 114by encouraging the highest and best use of those
properties pursuant to Massachusetts General Law.
This commercial revenue will benefit the schools, police, fire, and public works departments of
the Town without increasing residential property taxes.
This article also restores a business use to the impacted properties on Route 114 that was
previously approved at town meeting by the citizens of North Andover.
Or to take any other action relative thereto.
Petition of Scott Hajjar and others
Article 19. Fire Department Contract Award. NEEDTEXT FROM RAY TO
INCLUDEPOLICE CONTRACTS
Or to take any other action relative thereto
Board of Selectmen
Article 20. General Fund Appropriation Fiscal Year 2011. To see if the Town will vote to
raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money
for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2010 and
ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
Article 21. Water Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town
will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or
otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund
for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
Article 22. Sewer Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town
will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or
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otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund
for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
Article 23. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year
2011. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise
Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for
the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year
beginning July 1, 2010 and ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
Article 24. Amend General Bylaws Chapter 44-Public Meetings- Section
1- Televising of Land Use Board Meetings. To see if the Town will vote to
amend Chapter 44 — Public Meetings Section 1 — Televising of Land Use Board
Meetings to be amended by removing the text shown as stricken, and adding the
text shown as underlined.
§ 44-1 Televising of Ifand Jw Board Meetings
All meetings of the Planning Board, Zoning Board of Appeals, Board of Health,
and—Conservation Commission, Board of Selectmen and Finance Committee shall be
broadcast live over the local cable television network unless emergency or operational or
technical conditions suspend the requirements hereof, as determined by the Town Manager
or the Manager's designee. All such meetings shall occur in the Town Hall second floor
meeting room. All such meetings shall have posted agendas of discussion items and
application names in the Town Hall and on the Town website or on the cable television
network twenty-four hours prior to the meeting time. If there is a scheduling conflict with
the use of the meeting room, the Town Manager or the Manager's designee, shall have the
discretion to determine which Board shall have use of the room. Nothing contained in this
bylaw shall be so construed as to conflict with the requirements of the Open Meeting law,
M.G.L. Chapter 39, Section 23B. A violation of this bylaw or a failure to comply with this
bylaw shall not be grounds for challenging or invalidating any actions taken at any meeting
of the Planning Board, Zoning Board of Appeals, Board of Health or Conservation
Commission.
Or to take any other action relative thereto.
Board of Selectmen
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Article 25. Instuctional Motion to the North Andover Finance Committee and Board
of Selectmen. To see if the Town will vote to instruct the North Andover Finance
Committee and Board of Selectmen to add a warrant article to every annual town meeting
which will enable town meeting to approve or disapprove the funding of collective bargaining
as required and specified under Massachusetts General Laws Chapter 150E, Section 7 (b);
Or to take any other action relative thereto.
Petition of Peter Besen and others
Article 26. Change Annual Town Meeting Day. To see if the Town will vote to change
Annual Town Meeting from being held on a weekday evening(s) schedule to an all day
Saturday schedule.
The purpose of this article is to encourage increased town-wide citizen participation among
registered voters who wish to exercise their civic duty to the town and its future.
A Saturday schedule will allow for better child care options for parents who wish to attend
more flexibility of attendance , provide safer daylight driving conditions for seniors, allow less
conflict with voter work schedules, limit the meeting to only one day (start to finish) and
provide new opportunities for community fundraising, educational events and community
celebration to occur simultaneously;
Or to take any other action relative thereto.
Petition of Steven Tryder and others
Article 27. Election of Planning Board Members. To see if the Town will vote to amend
Chapter 6 of the Town Charter, more specifically Section 1 of the General provisions of that
chapter, (6-1-1)so as to include the Planning Board to the list of officers and boards to be
elected by vote of the town.
The Planning Board shall consist of five members and shall be elected at large for three-year
overlapping terms.
The purpose of this article is to allow the Planning Board to be elected by vote of the town ,
thereby promoting greater citizen participation and transparency in decision making processes
that are important to the town's future growth and development.
An elected Planning Board is consistent with the majority of towns within the Commonwealth
that have the same town meeting form of government as North Andover where 70% of such
communities elect their planning boards according to Massachusetts Municipal Association.
Electing the Planning Board shall ensure the interests of the town and its citizens are fairly and
objectively represented and in keeping with government by its citizens and for its citizens;
Or to take any other action relative thereto.
Petition of Alan Swahn and others
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Article 28. Capital Improvement Plan Appropriation Fiscal Year 2011.
To see if the Town will vote to raise and appropriate, transfer from available funds, or
borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of
money necessary to fund the Town Capital Improvement Program for Fiscal Year 2011 as
detailed below, provided that, pursuant to Massachusetts General Laws and Chapter 59-5 C
of the General Bylaws of the Town of North Andover, for any capital project in excess of
$500,000 or any other appropriation, the Town may, by vote of the Town Meeting, have
the following condition added to it: "provided that this appropriation and debt authorization
be contingent upon passage of a Proposition 2 1/2 debt exclusion referendum under General
Laws Chapter 59, Section 21C(k)":
FY 11 Capital Improvement Plan
Requested
Line # Project Description Division Amount
General Fund
1 Roadway Improvements Public Works $380,000
2 Sidewalk Reconstruction Public Works $50,000
3 Senior Center Roof Replacement Public Works $26,000
4 Facilities Master Plan Town Manager $150,000
5 Police Station Equipment Police $405,000
School Information Technology Network Information
6 Equipment Technology $1,148,000
Information
7 Revenue Billing Software Technology $90,000
8 Middle School Roof Replacement School $310,000
9 Body Armor Replacement Police $40,000
10 Fire Department Radio Equipment Fire $432,000
11 Dump Truck, 2 Ton with Plow Public Works $55,000
12 Fire Sprinkler System at Kittredge School School $450,000
Water Enterprise Fund
Water Enterprise
13 Meter Replacement Fund $450,000
Or to take any other action relative thereto.
Board of Selectmen
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Article 29. Report of the Community Preservation Committee and Appropriation From
the Community Preservation Fund. To receive the report of the Community Preservation
Committee and to see if the Town will vote to raise, borrow and/or appropriate from the
Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws
Chapter 44B, a sum of money to be spent under the direction of the Community Preservation
Committee;
List of Appropriations— Community Preservation Fund
Description Amount Category
Town Common: Scenic $450,000 Historical Preservation
restoration; underground
utilities
Ridgewood Cemetery: $70,150 Historical Preservation
Restoration of gates,
Veteran's lot, grave markers
and landscapes (Phase II)
Stevens Library: $50,000 Historical Preservation
Restoration of main
walkway
Main Street Fire House: $22,500 Historical Preservation
Refurbishment of building
infrastructure (Phase II)
Hay Scales Building (Town $7,695 Historical Preservation
Common);Building
Restoration (Phase II)
Reserve for future $182,400 Affordable Housing
expenditures
Principal and Interest $650,000 Open Space Protection
expenses: Windrush Farm
Rolling Ridge: Purchase of $600,000 Open Space Protection
conservation restriction,
public trail access and
parking area
WindrushFarm: Parking $15,000 Open Space Protection
area
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Administrative Costs $30,000 Administrative and
Operating Expenses
Total Appropriations $2,077,745
Or to take any other action relative thereto.
Community Preservation Committee
Article 30. Acceptance of Massachusetts General Laws- Chapter 32B,Section 20. An Act
Providing For The Establishment Of Other Post Employment Benefits Liability Trust
Funds In Municipalities And Certain Other Governmental Units. To see if the Town will
vote to accept the provisions of Massachusetts General Law Chapter 32B, Section 20;
Or to take any other action relative thereto.
Board of Selectmen
Article 31. Amend Zoning Bylaw-Section 2.63.1 — Sign, Area of. To see if the Town will
vote to add a new definition in the Zoning Bylaw as follows:
2.63.1 Sign,Area of
(a). For a sign, either free-standing or attached, the area shall be considered to include all
lettering, wording and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed but not including any supporting
framework and bracing which are incidental to the display itself.
(b). For a sign painted upon or applied to a building, the area shall be considered to include all
lettering, wording, and accompanying designs or symbols together with any backing of a different
color than the finish material of the building face.
(c). Where the sign consists of individual letters or symbols attached to or painted on a surface,
building, wall or window, the area shall be considered to be that of the smallest rectangle or other
convex shape which encompasses all of the letters and symbols;
Or to take any other action relative thereto.
Inspector of Buildings
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Article 32. Amend Zoning Bylaw Section 5.1.1-Earth Removal. To see if the Town will
vote to amend Section 5.1.1 of the Zoning Bylaw by deleting the stricken words and adding the
underlined words as follows:
5.1 General
1. Excavation, removal, stripping, or mining of any earth material except as hefei aft°r
wed on any parcel of land, public or private, in North Andover, is prohibited, except
as allowed by Section 5.4 Permits for Earth Removal; Section 5.5 Earth Removal
Incidental to Development, Construction or Improvements: and Section 5.6 Miscellaneous
Removal of Earth.
Or to take any other action relative thereto.
Inspector of Buildings
Article 33. Amend Zoning Bylaw-Section 7.3 - Setbacks. To see if the Town will vote to
amend Section 7.3 of the Zoning Bylaw by adding the underlined words in the first paragraph
and adding Sections 7.31, 7.32 and 7.33 as follows:
7.3 Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and
uncovered steps, and projections, as noted in sections 7.31, 7.32 and 7.33. Buildings on corner
lots shall have the required front setback from both streets, except in Residence 4 (R4)
District, where the setback from the side street shall be twenty (20) feet minimum.
§7.31 —Projections into Front Yards
Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into
a required side yard not more than one-third of its width and not more than four feet in any
case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features
may project not more than one foot, and cornices and gutters not more than two feet, over
a required front yard.
§7.32 —Projections into Side Yards
Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into
a required side yard not more than one-third of its width and not more than four feet in any
case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features
may project not more than one foot, and cornices and gutters not more than two feet, over
a required side yard.
§7.33 —Projections into Rear Yards
Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into
a required side yard not more than one-third of its width and not more than four feet in any
case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features
may project not more than one foot, and cornices and gutters not more than two feet, over
a required rear yard.
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Or to take any other action relative thereto.
Inspector of Buildings
Article 34. Amend Zoning Bylaw-Section 9.3- Pre-Existing Non-conforming Single Family
Residential Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential
4 and Residential 6 Districts. To see if the Town will vote to amend Section 9.3.a of the Zoning
Bylaw by adding "and two family" as follows:
9.3 Pre-Existing Non-conforming Single Family Residential Structures and Uses
in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6
Districts:
a. Pre-existing Non-conforming Single Family Structures: Pre-existing non-conforming
single family and two family residential structures in the Rl, R2, R3, R4 and R6 Districts,
may be changed, extended or altered, provided that there is a finding by the Zoning
Enforcement Officer (Building Commissioner) that such change, extension, or alteration
shall not render the structure more nonconforming than the existing structure.
Or to take any other action relative thereto.
Inspector of Buildings
Article 35. Amend North Andover Zoning Bylaw — Section 4.121 Residence 1, 2 and 3.
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.121
in order to allow professional offices in an existing structure on municipally owned property
within the R-2 District containing a minimum of 50 acres.
Amend Section 4.121 by adding the underlined language to read as follows:
4.121 Residence 1 District
Residence 2 District
Residence 3 District
21. Professional offices in an existing structure located on municipally owned property within
the R-2 District containing a minimum of fifty (50) acres.
Or to take any other action relative thereto.
Board of Selectmen
Article 36. Amend General Bylaws Chapter 127-Add New Section, Section 2, Dealers of
Secondhand Precious Metals Or Gems. To see if the Town will vote to amend Chapter 127
Junk Dealers of the General Bylaws of the Town of North Andover to read Junk Dealers/Dealers
of Secondhand Precious Metals or Gems as follows:
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127-2 Purchases:
a. All purchases by persons licensed under this provision shall be recorded in a bound book
in which shall be plainly written at the time of purchase, name address, age, date, time and
description of items purchased and signature of persons selling items. Positive photo
identification from everyone selling any item must be shown. There shall be no purchase
from a minor. All purchases of precious metals shall be made on licensed premises only.
A report shall be filed with the Chief of Police on the forms provided by him of all
purchases made that day.
b. There shall be a fifteen-day holding period within the town or a place designated by the
Chief of Police, for all items purchased. All items purchased shall be made available for
inspection by the Police Department, T own Manager or his designee. No item shall be
altered during the fifteen-day holding period. If purchasing from other dealers, the
licensee shall maintain the same records and same book for the same period as previously
stated. (State law reference M.G.L.Ch266,§142)
Or to take any other action relative thereto.
Article 37. Amend Chapter 129 of the General Bylaws — Add New Section-Section 2-
Fortune Tellers. To see if the Town will vote to amend the Chapter 129 General Bylaws of the
Town of North Andover by adding a new section, Section 2, Fortune Teller to read as follows:
129-2 Fortune Tellers
129-2-1 Definition
Any person going under the title of fortune teller, reader, adviser or seer, medium,
healer or spiritualist, palm reader, card reader or physic shall be deemed a fortuneteller,
for the purpose of this bylaw
129-2-2 License Required— Qualifications of Applicant
It shall be unlawful for any person to engage in the business of fortuneteller
without first obtaining a license for the Licensing Commission. Application for licenses
shall be made on forms to be provided by the license commission and shall include the
applicant's complete identification, signature and proposed method of operation. A
statement shall be submitted with any application from the Criminal History
Town Clerk
Or to take any other action relative thereto.
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Article 38. Amend North Andover Zoning Bylaw— Section 4.133 Industrial 2 District.
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.133
in order to allow alternative energy uses as-of-right.
4.133 Industrial 2 District
11. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly,
packing or treatment of articles or merchandise provided such uses are conducted solely
within a building and further provided that such uses are not offensive, noxious, detrimental,
or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise,
vibration, light or other adverse environmental effect.
Amend Section 4.133 by adding the underlined language to read as follows:
4.133 Industrial 2 District
11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly,
packing or treatment of articles or merchandise provided such uses are conducted solely
within a building and further provided that such uses are not offensive, noxious, detrimental,
or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise,
vibration, light or other adverse environmental effect.
b. Renewable or alternative energy research and development facilities, renewable or
alternative energy manufacturing such as wind, solar, biomass, and tidal on any lot with a
minimum of twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten
(10) acres by Special Permit.
Or to take any other action relative thereto.
Board of Selectmen
Article 39. Amend North Andover Zoning Bylaw — Section 4.137 Floodplain District.
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137
Floodplain District in order to make minor adjustments so that the Bylaw accurately reflects the
correct flood maps and Building Code reference.
Amend Section 4.137 by adding the underlined language and by removing the text shown as
stricken to read as follows:
4.137 Floodplain District
2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION
AND FLOODWAY DATA
The Floodplain District is herein established as an overlay district. The underlying
permitted uses are allowed provided that they meet the Massachusetts State Building
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Code, 780 CMR 120.GSeetior-31 "Flood Resistant Construction" and any other
applicable local, state or federal requirements. The District includes all special flood
hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM) issued
by the Federal Emergency Management Agency (FEMA) for the administration of the
NEIP dated June 2, 1993 as Zone A, AE, AH, AO, A99, and the FEMA Flood i2.,,,v,.aafy
Q. Flee,a., ay Map dated Tide° 2 1993 baps which indicate the 100 year regulatory
floodplain. The exact boundaries of the District may be defined by the 100-year base flood
evaluations shown on the FIRM and further defined by the Flood Insurance study booklet
dated June 2, 1993. The FIRM and Flood Insurance Study booklet are
incorporated herein by reference and are on file with the Town Clerk, Planning Board,
Building
and Conservation Commission.
5. REFERENCE TO EXISTING REGULATIONS
The Floodplain District is established as an overlay district to all other districts. All
development in the district, including structural and non-structural activities, whether
permitted by right or by special permit must be in compliance with Chapter 131, Section
40 of the Massachusetts General Laws and with the following:
a. Section of the Massachusetts State Building Code which addresses Floodplain and
coastal high hazard areas (currently 780 CMR 120.G 3107.9 "Flood Resistant
Construction");
Or to take any other action relative thereto.
Division of Community Development
Article 40. Amend Chapter 45 of the General Bylaws- Public Safety, Chiefs of Police and
Fire Departments. To see if the Town will vote to amend Chapter 45 of the General Bylaws as
follows:
Add the following sentence at the end of Section 45=3
Appointment Process: "In the event that a Fire Chief or Police Chief chosen pursuant to
this section shall retire, resign, or otherwise terminate employment as the Chief within three years
after appointment, the Board of Selectmen may use the results of the assessment center selection
process that was used in selecting the Chief in selecting a replacement Chief, provided all
candidates who apply to replace the Chief participated in that assessment center selection
process."
Or to take any other action relative thereto.
Board of Selectmen
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Article 41. Amend Chapter 28 Section 5C of the General Bylaws. To see if the Town will
vote to amend Chapter 28 Section 5C the General Bylaws of the Town of North Andover.
Chapter 28, Section 5C is to be amended by removing the text shown as stricken:
CHAPTER 28 - HOUSING TRUST FUND
§ 28-5. Powers of Trustees
C. With the approval of the Board of Selectmen and Town Meeting, to sell,
lease, exchange, transfer or convey any real property at public auction or by private
contract for such consideration and on such terms as to credit or otherwise, and to
make such contracts and enter into such undertakings relative to trust real property
as the Trustees deem advisable notwithstanding the length of any such lease or
contract;
Or to take any other action relative thereto.
Tracy M. Watson
Board of Selectmen
Article 42. Petition the Legislature- Change the Structure of Essex Regional Retirement
Board. To see if the Town will agree to endorse a state legislative petition to make certain
reforms to the Essex Regional Retirement Board, including a bar on the same person serving as
chairman of the board and chief executive officer , and including such other reforms as the
legislature deems necessary to restore sound and prudent management of the board;
Or to take any other action relative thereto
Board of Selectmen
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